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o3' iG'OOj 


PATENT 
674509-2028 


IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 


pplicant(s) 
U.S. Appln. No. 
U.S. Filing Date 
Title of Invention 
Examiner 
Art Unit 

Confirmation No. 


Jom Borch Soe 

09/750,990 

December 28, 2000 

Foodstuff 

Leslie A. Wong 

1794 

9458 


745 Fifth Avenue, New York, NY 10151 


EXPRESS MAIL 


Mailing Label Number: EM 132046046 US 


Date of Deposit: 


March 13.2009 


I hereby certify that this paper or fee is being deposited with the 
United States Postal Service "Express Mail Post Office to 
Addressee" Service under 37 CFR 1.10 on the date indicated above 
and is addressed to: Commissioner for Patents, P.O. Box 1450, 
Alexandria, VA 22313-1450, 


JTyr 


Typed or printed name of person mailing paper o r fee )^ 


(Signature of person mailing paper or fee) 

COMMUNICATION FORWARDING PRIORITY DOCUMENTS 

Commissioner for Patents 

P.O. Box 1450 

Alexandria, VA 22313-1450 

Dear Sir: 

Enclosed are certified copies of the priority documents for the above-identified 
appHcation. Applicant hereby claims priority under 35 U.S. C. §§ 119 and/or 120 from 
Application No. GB 9824758.8 filed November 11, 1998 and Application No. GB 9815905.6 
filed July 21, 1998. 

Acknowledgment of the claim of priority and receipt of the certified copies are requested. 


Respectfully submitted, 
FROMMER LAWRENCI 



Thomas J. KowalsK, Reg.'^^o. 32,147 
Tel. No. (212) 588-0800 


WORLD INTELLECTUAL PROPERTY 
ORGANIZATION 



ORGANISATION MONDIALE 
DE LA PROPRIETE INTELLECTUELLE 


i^aaj uuji 


organizaci6n mundial 
de la propiedad evtelectual 


BCEMHPHAfl OPrAHHSAmifl 
HHTEJIJIEKXyAJIbHOft COBCTBEHHOCTH 


CERTIFICATION 


It is hereby certified that the attached copy is a true copy of the certified copy of 
British patent application no. GB 9815905.6 filed on 21 July 1998 (21.07.1998), 
which certified copy was established by the British Patent Office and transmitted 
to the International Bureau under PCT Rule 17.1 . 


By: The International Bureau 


34, chemin des Colombettes, 121 1 Geneve 20, Suisse - Tel. +41 22 338 91 1 1 - Fac-simile +41 22 733 54 28 
Internet: http://www.wipo.int - http://www.ompi.int - e-mail: wipo.mail@wipo.int 
Banque: Credit Suisse, Geneve, compte OMPl - IBAN No. CHS I 0483 5048 7080 8100 0 - SWIFT/BIC: CRESCHZZ80A 
Post Finance, Geneve, OMPI No. 12-5000-8 - IBAN No. CH03 0900 0000 1200 5000 8 - SWIFT/BIC: POFICHBE 



Date: 23 January, 2009 



Pkteot 
Office 


PRIORITY 
DOCUMENT 


^ 


PCT / IB 9 3 5 i 

I I 1 0. 11. 99 

INVESTOR IN PEOPLE 

The Patent Office 
Concept House 
Cardiff Road 
Newport 
Sou th WqIoo 

2 NOV 1999 


IWIPO 


PCT 


I, the undersigned, being an officer duly authorised in accordance with Section 74(1) and (4) 
of the Deregulation & Contracting Out Act 1994, to sign and issue certificates on behalf of the 
Comptroller-General, hereby certify that annexed hereto is a true copy of the documents as 
originally filed in connection with the patent application identified therein. 


In accordance with the Patents (Companies Re-registration) Rules 1982, if a company named 
in this certificate and any accompanying documents has re-registered under the Companies Act 
1980 with the same name as that with which it was registered immediately before re- 
registration save for the substitution as, or inclusion as, the last part of the name of the words 
"public limited company" or their equivalents in Welsh, references to the name of the company 
in this certificate and any accompanying documents shall be treated as references to the name 
with which it is so re-registered. 


In accordance with the rules, the words "public limited company" may be replaced by p.Lc, 
pic, P.L.C, or PLC. 


^e-registration under the Companies Act does not constitute a new legal entity but merely 
ibjects the company to certain additional company law rules. 



9 ,4 . 


Signed 


Dated 1 November 1999 



An Bxcculi ve Agency of the Deparlmenl oTTrade and Industry 


ts Forr ./77 


^aients Act 1977 
^Rule 16) 


Office 


i CO 


Request for a grant of a patent 

(See the notes on the back of this form. You can also get 
an explanatory leaflet from the Patent Office to help 
you fill in this form) 


9815905.6 

2l JULi^^SB. 


The Patent Office 

Cardiff Road 
Nevvpon 
Gweni NP9 IRH 


Your reference 


P/5074.GB 


Patent application number 

(The Patent Office will fill in this part) 


Full name, address and postcode of the or of each applicant 
(underline all surnames) 


Patents ADP number (if you know it) 

If the applicant is a corporate body, give the country/state of its 
incorporation 


Danisco A/S 
Langebrogade 1 
PO Box 17 

DK-1001 Copenhagen K 
Denmark 


Denmark 


Title of the invention 


Foodstuff 


Name of your agent (if you hove one) 

"Address for service" in the United Kingdom to which all 
correspondence should be sent 
(including the postcode) 


Patents ADP number (if you hove one) 


D YOUNG & CO 

21 NEW FETTER LANE 

LONDON 

EC4A IDA 

59006 - ' 


If you are declaring priority from one or more earlier patent 
applications, give the country and date of filing of the or each of 
these earlier appUcations and (if you kno>v it) the or each 
application nimiber 


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number 

(if you know it) 


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(day /month /year) 


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application 


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apphcation 


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8. Is a statement of inventorship and of right to grant of a patent 
required in support of this request? (Answer 'Yes' if: 

a) any applicani named in pan 3 is noi an inventor, or 

b) there is an inventor who is not named as an applicant, or 

c) any named applicant is a corporate body. 
See note (d)) 


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Continuation sheets of this form 



Description 

21 

/ 

Claims (s) 

3 

/ 

Abstract 

1 

/ 

/ 

Drawing 



10. If you are also filing any of the following, state how many against 
each item. 

Priority documents 

Translations of priority documents 

Statement of inventorship and right 
to grant of a patent (Patents Form 7/77) 

Request for preliminarj' examination 
and search (Patents Form 9/77) 

Request for substantive examination 

(Patents Form 10/77) 

Any other docimients 

(please specify) 


11. 


lAVe request the grant of a patent on the basis of this application. 
Signature Date 


21 07 98 



D YOI/nG & €0 
Agents for the Applicants 


12. Name and da}rtiine telephone number of the person to contact in David AlCOCk 
the United Kingdom 


01703 634816 


Warning 

Afier an application for a patent has been filed, the Comptroller of the Patent Office will consider whether publication or comnmnication of the invention should be 
prohibited or restricted under Section 22 of the Patents Act 2977. You will be informed if it is necessary to prohibit or restrict your invention in this way Furthermore 
If you live in the United Kingdom, Section 23 of the Patents Act 1977 stops you from applying for a patent abroad without first getting written permission from the 
Patent Office unless an application has been filed at least 6 weeks beforehand in the United Kingdom for a patent for the same invention and either no direction 
prohibiting publication or communication has been given, or any such direction has been revoked. 

Notes 

a) If you need help to fill in this form or you have any questions, please contact the Patent Office on 0)645 500505 

b) Write your answers in capital letters using black ink or you may type them 

c) If there is not enough space for all the relevant details on any part of this form, please continue on a separate sheet of paper and write "see continuation sheet" 
in the relevant part (s). Any continuation sheet should be attached to this form. 

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e) Once you have filled in the form you must remember to sign and date it. 


f) For details of the fee and ways to pay please contact the Patent Office. 


Foodstuff 

The present invention relates to a foodstuff. More particularly, the present invention 
relates to a foodstuff comprising at least one functional ingredient which has been 
5 generated in situ by a conversion agent. 

Traditionally food was prepared in the private households and the constituents of the 
food or of the foodstuff were brought to the kitchen of the household where the food or 
foodstuff was prepared shortly before consumption. 

10 

Industrial development increased the demand for the reduction of the time and effort 
required to prepare food or foodstuffs. Thus there has been a massive expansion in the 
industrial preparation of food. 

15 Recently, there has been increased demand for improvements in the quality of 
industrially prepared food. In particular there is demand for improved taste, eating 
quality and shelf life. In an attempt to address these demands for improved foodstuffs, 
industrial food producers have utilised and have relied upon functional ingredients to 
meet the demands for quality and shelf life. Functional ingredients such as emulsifiers, 

20 hydrocolloids, preservatives, antioxidants, colourings and flavourings are widely used in 
the food industiy. 

More recently, there has been demand from consumers to reduce the number of 
additives, such as functional ingredients, included in foodstuffs. Thus, there is a desire 
25 to prepare industrially foodstuffs meeting the quality requirements of consumers whilst 
minimising the number of additives in the final foodstuffs. 

Both Douglas B. Samey et ai. Enzymatic Synthesis of Sorbitan Esters Using a Low- 
Boiling-Point Azeotrope as Reaction Solvent, Biotechnology and Bioengineering, 1997 
30 vol. 54(4) and J. A. Arcosm et ai. Quantitative Enzymatic 'Production of 6.0- 
Acylglucose Esters, Bioteclinology and Bioengineering 1998 57(5), teach the use lipase 
for the production of emulsifiers. The teachings require the synthesis of emulsifiers in 


9 


an organic solvent system. The emulsifier is then isolated from the organic solvent 
system before use in food. 

A. Coteron et al.. Reactions of Olive Oil and Glycerol over Immobilised Lipases, 
5 JAOCS, Vol. 75, no. 5 (1998) reports the use of immobilised Upase in the reaction of 
olive oil. and glycerol. Subsequent to the reaction the immobilised lipase is removed 
from the reaction mixture. 

JP-A-901 88214 reports the use of an immobihsed lipase for the hydrolysis and ester 
10 exchange of triglyceride. In this process part of the triglyceride is partially hydrolysed 
to free fatty acid. The partially hydrolysed triglyceride product is used for production of 
margarine. 

JP-A-5211852 discloses the addition of a lipase to a mixture of fat and water. The 
15 product prepared in this method may be used in the production of mayonnaise. The 
mayonnaise is prepared at a temperature such that the activity of lipase is not reduced. 

The present invention addresses the problem of the prior art 

20 According to a first aspect of the present invention there is provided use of a conversion 
agent to prepare from a food material a foodstuff comprising at least one functional 
ingredient, wherein the at least one functional ingredient has been generated from at 
least one constituent of the food material by the conversion agent. 

25 According to a second aspect of the present invention there is provided a process for 
preparing a foodstuff comprising the steps of (i) providing a food material; (ii) 
contacting the food material with a conversion agent such that a functional ingredient is 
generated by the conversion agent from at least one constituent of the food material. 

30 According to a third aspect of the present invention there is provided a foodstuff 
prepared from a food material, wherein the foodstuff comprises at least one functional 
ingredient, and wherein the at least one functional ingredient has been generated from at 


3 


least one constituent of the food material by a conversion agent. 

By the term ''functional ingredient" we mean a constituent of the foodstuff which 
performs a specific function in the foodstuff Preferably by the term "ftinctional 
5 ingredient" we mean an emulsifier, hydrocoUoid, preservative, antioxidant, colouring, 
flavouring, and/or viscosity modifier. 

By the term "foodstuff we mean a substance which is suitable for human or animal 
consumption. 

10 

The above aspects of the present invention are advantageous as they overcome the 
problems associated with the prior art. 

The present invention utiUses a , conversion agent, such as enzyme, during the 
15 production of a foodstuff to generate one or more functional ingredients, for example 
emulsifiers, antioxidants or preservatives, from a constituent of a food material (i.e. 
ingredients) from which the foodstuff is prepared. The constituent(s) may be a fat, for 
example. Thus, instead of adding food additives produced by traditional chemical 
synthesis, the present invention provides for the in situ synthesis of a required frmctional 
20 ingredient. 

Traditional chemical synthesis of functional ingredients is problematic because 
syntheses are often carried out under extreme conditions, such as high temperatures (e.g. 
-200°C). Under extreme conditions, side reactions may occur. Thus, although the 
25 resultant product may be substantially pure, it may contain undesirable components. To 
eliminate undesirable components, reactions must be closely controlled and/or the 
resultant product may require purification, adding to a production process. The present 
invention aims to overcome these disadvantages. 

30 Moreover, by generating the functional ingredient from at least one constituent of the 
food material using a conversion agent, the foodstuff comprises at least one less 
^'additive" material. This is advantageous because of the improvement in the ease of 


4 


- production. Moreover, the foodstuff may contain less "additives". The reduction or 
eUmination of "additives" is desirable to consumers and inclusion of additives often 
must be declared to the consumer in the ingredients listing on the foodstuff Thus, the 
present invention is further advantageous. 

5 

The food material may be contacted with the conversion agent in any manner. The food 
material may be contacted with the conversion agent in an immobilised form. The food 
material may simply be added to the conversion agent or vice versa. In the latter aspect, 
the conversion agent may be subsequently removed from the food material/foodstuff or 
10 may remain in the food material/ foodstuff. In a preferred aspect the conversion agent is 
present in the foodstuff 

The above preferred aspect is advantageous because one may contact the food material 
with the conversion agent to thereby provide a foodstuff suitable for consumption. No 

15 further processing or addition of ingredients may be required; a foodstuff comprising a 
required functional ingredient is produced. Thus a foodstuff may be provided in which 
a required functional ingredient has been simply generated. Synthesis of the functional 
ingredient discretely from the foodstuff followed by subsequent addition is not required. 
Moreover, provided of course the conversion agent is suitably chosen so that it is 

20 compatible with a foodstuff i.e. it is edible, frirther processing of the foodstuff may not 
be necessary. However, the present invention encompasses foodstuffs which have been 
further processed. 

Preferably, the conversion agent is a catalyst. 

25 

In a preferred aspect, the conversion agent is an enzyme. This aspect is particularly 
preferred because enzymes are readily available, may be chosen to convert a specific 
constituent of the food material and/or may be chosen to generate a specific functional 
ingredient. Yet further, enzymes may be denatured by heat. Thus in a further preferred 
30 aspect, the foodstuff/food material is heated after generation of the functional 
ingredient. The enzyme will be denatured and may then constitute protein. This is 
advantageous because the denatured enzyme need not be declared on the foodstuff/food 


material ingredients. 


The use of enzymes is advantageous because denatured enzymes are considered, 
particularly under food labelling regulations, to constitute a processing aid. Inactivated 
enzymes are not considered to be additives; the addition of additives to foodstuffs is 
undesirable to riiany consumers. 

Inactivation of the conversion agent, in particular denaturation of the enzyme, is 
advantageous because it allows one to control the amount of functional ingredient 
aenerated. For example, the generation of the functional ingredient may be monitored 

(for example by measurement of the functional properties of the food material) or the 
rate thereof determined. One may then terminate the generation of the functional 
in^^redient when a suitable amount of functional ingredient has been generated, by 
heating the food material. Thus., the amount of the functional ingredient and the 
properties of the food material/foodstuff may easily be controlled. 

Preferably, the enzyme is selected from lipases (EC 3.1.1.3), esterases, amylases, 
xylanases, proteases, derivatives and mixtures thereof More preferably, the enzyme is 
selected from hpases, esterases, derivatives and mixtures thereof. 

Preferably the enzyme is an enzyme as described in and/or as claimed in Danish Patent 
Application No. 0400/97. In other words preferably the enzyme is a polypeptide in 
glycosylated or non-glycosylated form capable of exhibiting lipase activity wherein the 
polypeptide comprises at least one amino acid sequence selected from the group 
consisting of 

(I) Ser-Val-Ser-Thr-Ser-Thr-Leu-Asp-Glu-Leu-Gln-Leu-Phe-Ala-Gln-Trp-Ser-Ala- 
Ala-Ala-Tyr-Xaa-Ser-Asn-Asn 

(II) Val-His-Thr-Gly-Phe-Trp-Lys 


(III) Ala-Trp-Glu-Ser-Ala-Ala-Asp-Glu-Leu-Thr-Ser-Lys-Ile-Lys 


6 

where Xaa represents an amino acid selected from the group consisting of Ala, Arg, 
Asn, Asp, Cys, Gin, Glu, Gly, His, He, Leu, Lys, Met, Phe, Pro, Ser, Thr, Trp, Tyr and 
VaL 

5 

Preferably, the enzyme is isolated from a plant (preferably soy bean, rice bran and/or 
sunflower seed), an animal (preferably an animal pancreas) or a microorganism. 
Preferably, the microorganism selected from Aspergillus niger, Rhizopus delemar, 
Rhizopiis arrhizus, Miicor miehei, Pseiidomonas sp., Candida nigosa, Pencilium 
10 roqueforti, Pencilium cyclopium, Aspergillus tubingensis, Candida cylindracea, 
Thermomyces lanuginosus, Mucor Javanicus, Candida ajitarctica, Chromobacterium 
viscosum, Pseudomanas fluorescens, mutants and combinations thereof. 

Preferably, the conversion agent is present in the foodstuff. More preferably, the 
'15 conversion agent is present in an inactive form or in a denatured form in the foodstuff. 

Preferably, the functional ingredient is generated from at least two constituents of the 
food material. In this aspect at least two constituents of the foodstuff may interact 
and/or react and/or combine together to generate at least one functional ingredient. 
20 Preferably, the functional ingredient is generated from a first constituent and a second 
constituent of the food material. 

Preferably, the first constituent and the second constituent are constituents of the 
foodstuff In this aspect, the functional ingredient is generated from a first constituent 
25 and a second constituent of the food material and the first constituent and second 
constituent are also present in the foodstuff Thus the functional ingredient may be 
generated from constituents/ingredients of the food material which are only partially 
used to generate the functional ingredient. The remainder of the 
constituents/ingredients may be present in the foodstuff. 

30 

In a preferred aspect of the present invention the first constituent of the food 
material/foodstuff is hydrophobic and/or lipophilic. 


7 


Preferably, the first constituent of the food material/foodstuff is selected from esters, 
monoglycerides, diglycerides, triglycerides, fats, including lard, tallow and butter fat; 
fatty acids, fatty acid esters, waxes, wax esters, oils including oils extracted from or 
5 derived from palm oil, sunflower oil, soya bean oil, safflower oil, cotton seed oil, 
ground nut oil, com oil, olive oil, peanut oil, coconut oil and rape seed oil; derivatives 
and mixtures thereof. More preferably, the first constituent of the food 
material/foodstuff comprises or is an ester or a triglyceride. 

10 The term "triglyceride" preferably means a triester of an alcohol, preferably glycerol, 
- and a fatty acid. More preferably the triglyceride fatty acid is a triester of an alcohol, 
preferably glycerol, and a C4 to C24 fatty acid. Preferably the triglyceride fatty acid has 
an iodine value of from 0 to 60. 

15 Preferably, the triglyceride is selected from triglycerides having a fatty acid chain length 
of no greater than 14 carbons, triglycerides having a fatty acid chain length of from 4 to 14 
carbons, triglycerides having a fatty acid chain length of from 6 to 14 carbons, 
triglycerides having a fatty acid chain length of from 8 to 14 carbons, triglycerides having 
a fatty acid chain length of from 10 to 14 carbons, triglycerides having a fatty acid chain 

20 length of 12 carbons, triglycerides having a fatty acid chain length of from 16 to 24 
carbons, triglycerides having a fatty acid chain length of from 16 to 22 carbons, 
triglycerides having a fatty acid chain length of from 18 to 22 carbons, triglycerides 
having a fatty acid chain length of from 18 to 20 carbons, mixtures and derivatives thereof. 

25 In a preferred aspect of the present invention the second constituent of the food 
material/foodstuff is hydrophilic. 

Preferably, the second constituent of the food material/foodstuff is selected from a 
constituent comprising a hydroxy group (-0H), polyvalent alcohols, including glycerol; 
30 water, ethanol, sugars including sucrose, fructose,' glucose (dextrose), lactose, and 
galactose; dextrin, sorbitol, mannitoL fruit acids and hydroxy acids including citnc acid, 
tartaric acid, lactic acid and ascorbic acid; mixtures and denvatives thereof More 


8 


preferably, the second constituent of the food material/foodstuff is glycerol. 

In a further preferred embodiment, the first constituent of the food material/ foodstuff is 
an ester, preferably a triglyceride and the second constituent of the food 
5 material/foodstuff is a constituent comprising a hydroxy group (-OH), Preferably, the 
first constituent of the food material/foodstuff is a triglyceride. Preferably, the second 
constituent of the food material/foodstuff is an alcohol, more preferably a polyvalent 
alcohol, yet more preferably glycerol. 

10 In a highly preferred embodiment, the first constituent of the food material/foodstuff is a 
constituent comprising at least two ester groups, preferably a triester, more preferably a 
triglyceride and the second constituent of the food material/foodstuff is a sugar or a 
sugar alcohol. In this highly preferred aspect the first constituent and the second 
constituent may interact on contact with the a conversion agent to generate an ester 

15 derived from the first constituent wherein the ester has a lower degree of esterification 
than the first constituent, and a sugar ester. This is extremely advantageous because the 
ester may act as a functional ingredient, such as an emulsifier, and the sugar ester may 
also act as a functional ingredient, such as an emulsifier or an anti-oxidant. Thus, two 
functional ingredients may be generated from two constituents by a conversion agent. 

20 

In the above highly preferred aspect the second constituent is preferably ascorbic acid. 
Ascorbic acid ester is an antioxidant. 

Thus, in a further broad aspect of the present invention there is provided a foodstuff 
25 prepared from a food material, wherein the foodstuff comprises at least two functional 
ingredients, and wherein the at least two functional ingredient have been generated from 
a first constiment of the food material and a second constituent of the food material by a 
conversion agent. Preferably, the first constituent is a constituent comprising at least 
two ester groups, preferably a triester, more preferably a triglyceride. Preferably, the 
30 second constituent is a sugar or a sugar alcohol, more preferably ascorbic acid. 

The conversion agent may be contacted with the all of the food material or a portion 


9 


thereof. In the latter case, a portion of the food material may be removed from the total 
amount of food material. After contacting the conversion agent with the portion of food 
material, the portion may be returned to the remainder of food material. The portion of 
the food material may comprises from 0.1 to 10 wt % of the total food material, 
5 preferably from 0.1 to 5 wt % of the total food material, preferably from 0.1 to 2 wt % 
of the total food material, more preferably from 0.5 to 1 wt % of the total food material. 

The conversion agent may be contacted with a carrier prior to contact with the food 
material. Preferably, the carrier is a constituent of the food material. Preferably, the 
10 carrier is a first constituent or a second constituent of the food material as defined 
above. More preferably, the carrier is glycerol. 

Preferably, the functional ingredient of the present invention is generated by a reaction 
selected from alcoholysis, preferably glycerolysis, hydrolysis, interesterification, and 
15 combinations thereof More preferably the functional ingredient is generated by a 
alcoholysis reaction, preferably a glycerolysis reaction. 

Preferably, the functional ingredient comprises less than 5 wt % of the foodstuff 
Preferably, the functional ingredient comprises from 0.01 to 4 wt % of the foodstuff 
20 Preferably, the functional ingredient comprises from 0.01 to 2 wt % of the foodstuff 
Preferably, the functional ingredient comprises from 0.01 to 1 wt % of the foodstuff 
Preferably, the functional ingredient comprises from 0.01 to 0.5 wt % of the foodstuff 
Preferably, the functional ingredient comprises from 0.01 to 0.3 wt % of the foodstuff 

25 Preferably, the functional ingredient is selected from emulsifiers, hydrocoUoids, 
preservatives, antioxidants, colourings and flavourings. More preferably, the functional 
ingredient is an emulsifier. In this aspect, preferably the emulsifier comprises from 0. 1 
to 0.3 wt % of the foodstuff 


30 The emulsifier may comprises or may be selected from monoglycerides, diglycerides, 
derivatives and mixtures thereof 


10 


A person skilled in the art will appreciate that the at least one constituent of the food 
material from which the functional ingredient is generated may be selected to provides a 
required functional ingredient. Thus in the above aspect wherein the functional 
ingredient is an emulsifier, preferably an emulsifier selected from monoglycerides, 
5 diglycerides, derivatives and mixtures thereof, the at least one constituent may be, for 
example, a triglyceride and a polyvalent alcohol. 

In a preferred- aspect the present invention provides foodstuff as defined above wherein 
the foodstuff is selected from baked goods, including breads, cakes, sweet dough 

10 products, laminated doughs, liquid batters, muffins, doughnuts, biscuits, crackers and 
cookies; confectioner>% including chocolate, candies, caramels, halawa, gums, including 
sugar free and sugar sweetened gums, bubble gum, soft bubble gum, chewing gum and 
puddings; frozen products including sorbets, preferably frozen dairy products, including 
ice cream and ice milk; dairy products, including coffee cream, whipped cream, custard 

15 cream, milk drinks; mousses, whipped vegetable creams, meat products, including 
processed meat products; edible oils and fats, aerated and non-aerated whipped 
products, oil-in- v/ater emulsions, water-in-oil emulsions, margarine, shortening and 
spreads including low fat and very low fat spreads; dressings, mayonnaise, dips, cream 
based sauces, cream based soups, beverages, spice emulsions, sauces and mayonnaise. 

20 

In one aspect of the present invention the foodstuff is a foodstuff other than mayonnaise. 

The claims of the present application are to be construed to include each of the 
foodstuffs Usted above. 

25 

In a preferred embodiment the foodstuff of the present invention is a spread, preferably 
a margarine. 

Thus in a preferred aspect the present invention provides a margarine prepared from a 
30 food material, wherein the foodstuff comprises at least one ftinctional ingredient, and 
wherein the at least one functional ingredient has been generated from at least one 
constituent of the food material by a conversion agent. 


i 

1 1 

In a further preferred embodiment the foodstuff comprises greater than 30 wt % fat (i.e. 
triglycerides), more preferably greater than 40 wt % fat, yet more preferably greater than 
50 wt % fat. 

5 

The foodstuff may comprise an emulsion of oil and water. The emulsion may be an oil- 
in-water emulsion. The emulsion may be an water-in-oil emulsion. 

The invention will now be described, by way of example only, with reference to the 
10 following examples 

EXAMPLES 

Example 1 - Full-fat Table Margarine 

15 

Full-fat table margarine is used for spreading on bread and household baking. 

Each of fat blends A, B and C Usted in Table 1 were treated with lipase as follows. 1 part 
of the fat blend is heated to 50°C during stirring 0.2 part of hpase (obtained from 
20 Aspergillus tubingensis) dispersed in glycerol is added. The fat blend is reacted for 12 
hours at 50 ^^C and then shortly heated to 100 °C to denature the enzyme. 


Table 1 


Fat blends 

A 

B 

C 

Margarine used at approx. 

5-10°C 

20-25°C 

■ 25-30°C 

Soya41°C 

20 



Soya 35°C 

20 



Soya oil 

60 

25 

20 


12 


Palm 43°C 

- 

25 

30 

Palm oil 

- 

50 

50 

SFC* values of fat blends (TUPAC method) 

A 

B 

C 

5°C 

34 

47 

54 

10°C 

28 

45 

50 

20°C 

14 

26 

30 

30°C 

3 

10 

12 

35=C 

0 

5 

7 

40°C 

0 

1 

2 

Slip melting point °C (AOCS 3-25 method) 

26.3 

36.9 

36.8 


* Solid fat content 

The treated fat blends were then processed in accordance with the following steps to 
5 prepare a recipe shown in Table 2 

1. Blend the water phase ingredients. (If required, pasteurise the water phase by 
heating to approx. 80°C). Adjust pH with Ferment Flavouring 4646. 

2. Melt the fat phase, and temper to approx. 40-45°C. Add the p-carotene. 
10 3. Add the flavouring. 

4. Add the water phase to the fat phase, stirring continuously. 

5. Cool in a tube chiller (normal capacity, normal cooling) to an outlet temp of S-IC'C. 


13 


Table 2 


Water phase: 

Water 

16.0% 


Skimmed milk powder or whey powder 

1.0% 


Salt 

1.0% 


pH 5.0-5.5 with Ferment Flavouring 4646* 


Fat phase: 

Lipase treated fat 

1.2% 


Soya lecithin 

0.2% 


P-carotene 

4 ppm 


Fat blend 

80.6% 


Butter Flavouring 3559** 

0.01% 


* Ferment Flavouring 4646 - a nature-identical, water-soluble flavouring which ensures a 
5 good, lactic and fermented taste. Used for direct acidification of the v/ater phase to ensure 
the taste similar to that obtained by microbial femientation of the milk 
** Butter Flavouring 3559 - a nature-identical, fat-soluble flavouring which provides a 
rich, fermented butter taste. 

10 The fat contacted with lipase generated an emulsifier, a functional ingredient which is 
important in the preparation of margarine. Each of the margarines prepared from fat 
blends A, B and C was visually inspected and found to substantially identical in 
appearance to conventionally prepared margarine. No separation of the oil and water 
phases was observed. Each of the margarines prepared from fat blends A, B and C was 

15 also spread on bread and tasted. The organoleptic properties of each margarine was 
pleasant and were felt by the taster to be substantially identical to those of conventionally 
prepared margarine. 

Fxample 2 - 60% Fat Spread with Protein 

20 

60% fat spread with protein is used for spreading on bread and open pan frying instead of 
full-fat products. 


14 


Each of fat blends A and B listed in Table 3 were treated with lipase as follows. I part of 
the fat blend is heated to 50°C during stirring 0.2 part of lipase (obtained from Rhizopiis 
arrhizus) dispersed in glycerol is added. The fat blend is reacted for 12 hours at 50 °C 
5 and then shortly heated to 100 °C to denature the enzyme. 


Table 3 


Fat blends 

A 

B 1 

Spread used at approx. 

5-10°C 

20-25°C 1 

Soya41°C 

25 

20 

Soya 35°C 

- 

45 

Soya oil 

75 

35 

SFC values of fat blends (lUPAC method) 

A 

B 

5°C 

23 

48 

10°C 

19 

46 

20°C 

9 

28 

30°C 

2 

8 

35°C 

0 

2 

40°C 

0 

0 

Slip melting point °C (AOCS 3-25 method) 

26.6 

31.7 


The treated fat blends were then processed in accordance with the following steps to 
10 prepare a recipe shown in Table 4 

1. Blend the water phase ingredients. (If required, pasteurise the water phase by 
heating to approx. SC'C). Adjust pH. 

2. Melt the fat phase, and temper to approx. 40-45°C. Add the P-carotene. 

3. Add the flavouring. 


15 

4. Add the water phase to the fat phase, stirring vigorously. 

5. Crystallise and knead vigorously in a tube chiller (80% of normal capacity, NH3 - 
15°C, 2 tubes) to an outlet temperature of S-IO'^C 


Table 4 


Water phase at pH 5.5: 

Water 

37.9% 


Whey powder 

1.0% 


Salt 

1.0% 


K-sorbate 

0.1% 

Fat phase: 

Lipase treated fat 

1 .4% 


P-carotene 

4 ppm 


Fat blend 

58.6% 


Butter Flavouring 3559 

0.01%) 


The fat contacted with lipase generated an emulsifier. Both of the margarines prepared 
from fat blends A and B was visually inspected and found to substantially identical in 
10 appearance to conventionally prepared margarine. No separation of the oil and water 
phases was observed. Both of the margarines prepared from fat blends A and B was also 
spread on bread and tasted. The organoleptic properties of each margarine was pleasant 
and were felt by the taster to be substantially identical to those of conventionally prepared 
margarine. 

15 

Example 3 - 40% Fat S pread with Whev Powder 

Fat blend A listed in Table 3 above was treated with lipase as follows. 1 part of the fat 
blend is heated to 50°C during stirring 0.2 part of lipase (obtained from Candida nigosa) 
20 dispersed in glycerol is added. The fat blend is reacted for 12 hours at 50 °C and then 
shortly heated to 100 °C to denature the enzyme and used for 40%) fat spread production. 
The spread had a composition shown in Table 5 below. 


16 


Table 5 


Water phase at pH 5.5 

Water 

55.16% 


Salt 

1.2% 


K-sorbate 

0.1% 


Whey powder 

1.0% 


GRINDSTED"^^^^ Pectin 
LFS 100 

1.0% 

Fat phase 

Fat blend 

- 25 parts soya 41° 

- 75 parts liquid oil 

39.5% 


P-carotene 

4ppm 


Butter Flavouring 2873 

0.01% 


Butter Flavouring 3507 

0.01% 


Lipase treated fat 

2.0% 


The fat contacted w^ith lipase generated an emulsifier. The low-fat spread was stable and 
5 had good water dispersion. Sensory evaluation of the sample showed that they had a very 
good flavour release and colour. 

Example 4 - Filling Cream. 

10 Each of fat blends A and B listed in Table 3 above were treated with lipase as follows. 1 
part of the fat blend is heated to 45°C during stirring 0.2 part of lipase (obtained from 
Rhizopus delemar) dispersed in glycerol is added. The fat blend is reacted for 12 hours at 
45 °C and then shortly heated to 100 °C to denature the enzyme and used for filling cream 
production.. 

15 

Filling cream was made in a ice cream freezer with mono-pump (capacity 27 kg/hr). 
Nitrogen blown in after the pump and before the cooling cylinder. Outlet temperature: 
15-17^C. 


17 

The filling cream spread had a composition shown in Table 6 below. 

Table 6 


Water phase 

Water 

12.5% 


GRE^roSTED™ Pectin LFS 100 

0.5% 


SMP 

8.0% 


Sucrose 

9.9% 

- 

Invert sugar 

9.0% 


Sorbitol 70% 

8.0% 


Glucose syrup 

14.0% 


Glycerol 

7.0% 


K-sorbate 

0.1% 

Fat phase 

Lipase treated fat 

3,0% 


Lecithin 

0,4% 


Fat blend (100% coconut 31 "C) 

27.6% 


Butter flavouring 2598 

0.03% 


The fat contacted with lipase generated an emulsifier. The filling cream was smooth with 
good flavour release. Specific gravity of the cream: 0.8 g/ml. 

Example 5 - Ice cream 

1 part of soya fat 41 ° is heated to 45 °C during stirring 0,2 part of lipase (obtained from 
Aspergillus niger) dispersed in glycerol is added. The fat blend is reacted for 12 hours at 
45 °C and then shortly heated to 100 °C to denature the enzyme and used for ice cream 
production. 

The treated fat was then processed in accordance with the following steps to prepare a 
recipes shown in Table 7 

1 . Heat all liquid ingredients to approx. 40 °C 


18 

2. Add dry ingredients, (stabiliser blend is mixed with sugar before addition) 

3. If butter/butter oil or veg. fat is used it must be melted separately and added to the mix 
at 40 °C, or via a static mixer at the entrance to the homogeniser by means of a dosing 
pump. 

5 4. Pasteurise at 80 -85 ^C/20-40 seconds 

5. Homogenise at 80 °C (190 bar for recipe 1 and 175 bar for recipe 2) 

6. Cool to ageing temperature , 4 

7. Freeze in continuos freezer to desired overrun (100% recommended) 

8. Harden in tunnel at -40 °C 
10 9- Store below -25 °C 


Table 7 


Recipe 

1 

Milk fat 

2 

Veg. fat 

Dairy cream, 38% 

23.65 


Skimmed milk 

53.30 


Skimmed milk powder 

4.90 

11.30 

Vegetable fat (HCO) 


8.00 

Sugar 

12.00 

12.00 

Glucose syrup, DE 42, 75% TS 

5.25 

5.25 

Stabiliser blend 

0.2 

0.2 

Lipase treated fat 

0.6 

0.6 

Grindsted Flavouring 2976 

0.1 

0.1 

Colour 

+ 

+ 

Water 


62.55 


19 


The fat contacted with Hpase generated an emulsifier. Ice cream of both recipes 
crood taste and excellent creamy mouthfeel. 


5 F.xample 6 -Margarine 


10 


15 


In a vessel 0.6 part of sun flower oil and 0.4 part of palm oil and 0.15 part of lipase from 
Rhizopus arrhizus dissolved glycerol/water is added. The reaction is continued for 20 
hours at 45°C and then shortly treated by lOQOC in order to inactivate the enzyme. 

Two recipes were prepared. These recipes are shown in Table S below. Recipe 1 was in 
accordance with a prior art method - a previously prepared mono/di glyceride emulsifier 
(DIMODAN® CP-available from Danisco Ingredients, Denmark) was added. Recipe 2 
was in accordance with the present invention. In recipe 2, 1.7% of the fat phase was 
provided by the above lipase treated fat. The lipase treated fat was added to the fat 
blend for margarine production and the margarine is produced by standard procedures 
for margarine production. 


Table 8 


20 


Recipe 

1 

2 

WATER PHASE 

Water 

480 

480 

Salt 

30 

30 

Skim Milk Powder 

30 

30 

Potassium Sorbate 

3 


EDTA 

0.45 

0.45 

pH 

5.5 

5.5 

FAT PHASE 

Soya 41" 

490 

481 

Soya j:) 

490 

481 


20 


Soya oil 

1471 

1444 

DIMODAN"^ CP 

6.0 

- 

Lipase 


51.0 

PPM P-carotene 

0.5 

0.5 

Flavourings 

0.6 

0.6 


The fat contacted with Upase generated an emulsifier. The margarine in accordance with 
the present invention was visually inspected and found to substantially identical in 
appearance to the conventionally prepared margarine. No separation of the oil and water 
5 phases was observed. The margarine in accordance with the present invention was also 
spread on bread and tasted. The organoleptic properties of the margarine was pleasant and 
were felt by the taster to be substantially identical to those of the conventionally prepared 
margarine. 

10 Example 7 -Margarine 

In a vessel 1 part of palm oil and 0.15 part of esterase from Candida dissolved in sugar 
(sucrose)/water is added. The reaction is continued for 20 hours at 55°C and then shortly 
treated by lOO^C in order to inactivate the enzyme. 

15 

1% of this reaction mixture is added to a fat blend for margarine production and the 
margarine is produced by standard procedures for margarine production. 

The reaction mixture gives good water in oil emulsification properties. 

20 

Example 8 -Margarine 

In a vessel 1 part of palm oil and 0T5 part of lipase from Candida dissolved citric 
acid/glycerol/water is added. The reaction is continued for 20 hours at 55°C and then 
25 shortly treated by lOO^C in order to inactivate the enzyme. 


21 


1% of this reaction mixture is added to a fat blend for margarine production and -the 
margarine is produced by standard procedures for margarine production. 

The reaction mixture gives good water in oil emulsification and also contributes to 
5 reduce spattering when the margarine is used for frying. 

Example 9 -Margarine 

In a vessel 1 part of palm oil and 0.05 part of lipase from Aspergillus niger dissolved 
10 water is added. The reaction is continued for 20 hours at 40°C and then shortly treated 
by lOO^C in order to inactivate the enzyme. 

1% of this reaction mixture is added to a fat blend for margarine production and the 
margarine is produced by standard procedures for margarine production. 

15 

The reaction mixture gives good water in oil emulsification. 

All publications mentioned in the above specification are herein incorporated by 
20 reference. Various modifications and variations of the described methods and system of 
the invention will be apparent to those skilled in the art without departing from the 
scope and spirit of the invention. Although the invention has been described in 
connection with specific preferred embodiments, it should be understood that the 
invention as claimed should not be unduly limited to such specific embodiments. 
25 Indeed, various modifications of the described modes for carrying out the invention 
which are obvious to those skilled in chemistry or related fields are intended to be 
within the scope of the following claims. 


22 


CLAIMS 

1. Use of a conversion agent to prepare from a food material a foodstuff comprising at 
least one functional ingredient, wherein the at least one functional ingredient has been 
5 generated from at least one constituent of the food material by the conversion agent. 

.2. A process for preparing a foodstuff comprising the steps of 

(i) providing a food material; 

(ii) contacting the food material with a conversion agent such that a functional 
10 ingredient is generated by the conversion agent from at least one constituent of the food 

material. 

3. A foodstuff prepared from a food material, wherein the foodstuff comprises at least 
one functional ingredient, and wherein the at least one functional ingredient has been 

15 generated from at least one constituent of the food material by a conversion agent. 

4. Invention according to claim 1 , 2 or 3 wherein the conversion agent is present in the 
foodstuff . 

20 5. Invention according to any one of the preceding claims wherein the conversion agent 
is a catalyst. 

6. Invention according to claim 5 wherein the conversion agent is an enzyme. 

25 7. Invention according to claim 6 wherein the enzyme is selected from lipase, esterase, 
derivatives and mixtures thereof. 

8. Invention according to claim 6 or 7 wherein the enzyme is isolated from a plant, an 
animal or a microorganism. 

30 

9. Invention according to claim 8 wherein the microorganism is selected from 
Aspergillus niger, Rhizopus delemar, Rhlzopiis arrhiziis, Miicor miehei, Pseudomonas 


23 


sp., Candida rugosa, Pencilium roqueforti, Pencditim cyclopium, Aspergillus 
tubingensis, Candida cylindracea, Thermomyces lamiginosus, Mucor javanicus, 
Candida antarctica, Chromobacteriwn viscosum, Pseudomanas fluorescens, mutants 
and combinations thereof. 

5 

10. Invention according to any one of the preceding claims wherein the conversion 
agent is present in an inactive form or a denatured form in the foodstuff. 

1 1 . Invention according to any one of the preceding claims wherein the functional 
10 ingredient is generated from at least two constituents of the food material. 

12. Invention according to any one of the preceding claims wherein the functional 
ingredient is generated from a first constituent and a second constituent of the food 
material. 


15 


13. Invention according to claim 12 wherein the first constituent and the second 
constituent are constituents of the foodstuff 

" 14. Invention according to claim 12 or 13 wherein the first constituent is hydrophobic 
20 and/or lipophilic. 

15. Invention according to any one of claims 12 to 14 wherein the first constituent is 
selected from fats, oils, fatty acids, derivatives and mixtures thereof 

25 16. Invention according to any one of claims 12 to 15 wherein the second constituent is 
hydrophilic. 

17. Invention according to any one of claims 12 to 16 wherein the second constituent is 
selected from a constituent comprising a hydroxy group (-OH), polyvalent alcohols, 
30 including glycerol; water, ethanol, sugars including sucrose, fructose, glucose 
(dextrose), lactose, and galactose; dextnn, sorbitol, mannitoL fruit acids and hydroxy 
acids including citnc acid, tartaric acid, lactic acid and ascorbic acid; mixtures and 


24 

derivatives thereof. More preferably, the second constituent of the food 
material/foodstuff is glycerol. 

18. Invention according to any one of the preceding claims wherein the foodstuff is 
5 selected from baked goods, including breads, cakes, muffins, doughnuts, biscuits, 

crackers and cookies; confectionery, including candies, caramels, chocolate and 
puddings; frozen products, preferably frozen dairy products, including ice cream and ice 
milk; dairy products, including coffee cream, whipped cream, custard cream, milk 
drinks; meat products, including processed meat products; edible oils and fats, including 
10 w/o emulsions, o/w emulsions, margarine shortening and spreads; fine foods, including 
sauces and mayoniiaise. 

19. Invention according to claim I wherein the foodstuff comprises at least two 
functional ingredients, and wherein the at least two functional ingredient have been 

15 generated from a first constituent of the food material and a second constituent of the 
food material by a conversion agent. 

20. Invention according to claim 19 wherein the first constituent is a constituent 
comprising at least two ester groups, preferably a triester, more preferably a triglyceride. 

20 

21. Invention according to claim 19 or 20 wherein the second constituent is a sugar or 'a 
sugar alcohol, more preferably ascorbic acid. 

22. Use according to claim 1 substantially as hereinbefore described. 

25 

23. Process according to claim 2 substantially as hereinbefore described. 

24. Foodstuff according to claim 3 substantially as hereinbefore described. 


25 


ABSTRACT 
Foodstuff 

There is provided use of a conversion agent to prepare from a food material a foodstuff 
comprising at least one functional ingredient, wherein the at least one functional 
ingredient has been generated from at least one constituent of the food material by the 
conversion agent.